TRAINING COURSE “HUMAN RIGHTS AND THE PROTECTION OF VICTIMS IN THE FIGHT AGAINST TERROISM, CRIMINAL ORGANIZATIONS AND SECURITY: EUROPEAN AND WORLDWIDE STRATEGIES” Course organized in collaboration with the Spanish Ministry of Foreign Affairs and Cooperation- Human Rights Office Course supported and recognized by the Peace Operations Training Institute
Objective To provide the participants with the knowledge necessary to achieve and deepen concepts relating to terrorism, prevention, repression, criminal organizations as well as mechanisms for combating the aforementioned areas, given the recent resolutions and decisions in the European Union, Plans of Action and the strategies of the Trio of Presidency Council of the European Union and its results, with particular attention to the role of Spain as well as the role of the United Nations regarding human rights in the fight against terrorism and the protection of its victims. Audience This training is directed at people that, through their academic or professional path, have come into contact with these topics; people related to the environment of the judicial system and law enforcement (judges, lawyers, police officers), university professors, post-graduate students, military personnel, as well as members of international organizations and NGO´s. st
th
Date: From October the 31 to November the 5 , 2011 Location: Madrid, School of Industrial Organization (EOI). Avda. Gregorio del Amo, 6, 28040 Madrid, Spain. Schedule: The course will be taught Monday through Friday from 3 pm to 9 pm, and Saturday from 9 am to 2 pm. The course will have a total duration of 35 hours. Language: English Tuition Fee: € 800 which covers: - Tutorship - Reading material - Diploma recognized by the Peace Operation Training Institute Scholarships: Helsinki España may grant a limited amount of partial scholarships. Organizer: Helsinki España – Dimensión Humana (www.humandimension.net) In collaboration with the Spanish Ministry of Foreign Affairs and Cooperation- Human Rights Office Thematic Content 1. THE FIGHT UNDER THE STATE OF LAW 1.1 Terrorism 1.1.1 Concepts and history of terrorism. Brief introduction 1.1.2 National, international, and transnational terrorism. Solidarity Clause in the Lisbon Treaty 1.1.3 International Conventions against terrorism. 1.1.4 The ―Four Pillars‖ of terrorism. 1.1.5 Proclaimed motives and justifications for terrorism. 1.1.6 Terrorist leaders
1.1.7 Types of arms 1.1.8 Actions and tactics 1.1.9 Al-Qaida, FARC, ETA 1.2. The United States and Europe, actions against terrorism. 1.2.1. Plan of Action of the Stockholm Program. 1.2.2. 2010 Interior Security Strategy of the European Union. 1.2.3. Objectives and strategies of the Trio of Presidency Council of the European Union and results achieved in the areas of Internal Security of the EU and External Relations in the Area of Freedom, Security and Justice. 1.2.4. 2010 EU-US Declaration on Terrorism. 1.3. The role of the UN in the war against terror. UN Conventions regarding human rights: links with conventions to organized delinquency, corruption and terrorism. 1.4. Human rights in the fight against terrorism. 1.4.1 Ferrajoli Guarantors and their opposites: Hyper, Hyp and the absence of: 1.4.2 Penal Law of the JAKOBS Enemy 1.4.3 Relevant sentencing of the European and American Courts of Human Rights. 1.4.3.1 The case Ireland v. United Kingdom. 1.4.3.2 The cases of the antiterrorist law of the United Kingdom. 1.4.3.3. Antiterrorist cases against Spain. 1.4.3.4 Cases against Peru 1.4.4 Law of the use of force and the recognition of combatants (United Nations/Geneva Conventions) 1.4.5 The rights of international victims. 1.4.6 The rights of victims against terrorism. 2. JURIMETRIC EVALUATIONS 2.1 The implementation of UN Conventions covering acts of terrorism and against acts of terrorism: Law in the books vs. the implementation of the law through the judicial system and extra-judicial officials. 2.2 The implementation of UN Convention regarding human rights and links with the Palermo and Mérida Conventions: Law in the books vs. the implementation of the law through the judicial and extra-judicial system. 2.3 Sampling mechanisms of lawsuits with the objective of comparing levels of fulfillment with the human rights Conventions. 2.4 The evaluation to recommendation to improvements in judicial policies. 3. RECOMMENDED IMPLEMENTATION OF PUBLIC POLICIES TO IMPROVE AND THE IMPLEMENTATION OF UN CONVENTIONS (HUMAN RIGHTS, TERRORISM, AND ORGANIZED DELINQUENCY). 3.1 Implementation of measures in the scope of the judged. 3.2 Implementation of measures in the scope of the prosecutors 3.3 Implementation of measures in the scope of police 3.4 Implementation of measures in the scope of intelligence services. 3.5 Implementation of measures in the scope of civil society 3.6 Implementation of measures in the scope of the regional and international cooperation.
4. SIMULATION OF THE DESIGN FOR A UN PILOT AFOREMENTIONED COMPLIANCE FRAMEWORKS 4.1 Establishment of measurable objectives.
PROJECT
BASED ON THE
4.2 Relation between objectives and expected products. 4.3 Delineation of activities and leading inputs 4.4 International mechanisms for compatible monitoring with UN conventions.
Professors: -
Dr. Edgardo Buscaglia
Dr. Edgardo Buscaglia has been the director of the ―International Law and Economic Development Center‖ since 1999 and acts as ―Senior Law and Economics Scholar‖ at Columbia University (NY,USA). Additionally, he is a Professor at the Law Department of ITAM in Mexico (2004Present) and has been a United Nations Adviser (2001-Present) and of the ―Peacekeeping Training Operations Institute‖ (dedicated to the training of Peace Management Corps of the UN) since 2008. Since 1990, he has acted as Missions Manager of the UN (as in the case of Afghanistan by the training program of the entire Afghan judges and prosecutors during the period 2005-2006 and in the case of ―Deaths in Ciudad Juárez‖) in Mexico during 2003-2004 where he technically evaluated all Court records through research, processing, and promotion of cases contained in them) and participated as Director and Expert in judicial reforms that included the training of judged, prosecutors and specialized police on site in diverse countries such as Afghanistan, Colombia, Jordan, Mongolia, Nigeria, Pakistan, Paraguay, Czech Republic, Slovenia, Zimbabwe and in 82 other countries of the world. Dr. Buscaglia additionally is adviser to diverse governments of 87 countries on matters relating to the fight against organized delinquency. Dr. Buscaglia has received his doctorate in Law and Economics and post-doctorate in Jurisprudence and Social Policy at the University of Illinois, Urbana Champaign and University of California, Berkeley (USA). He is the cofounder of the American Association of Law and Economics and member of the Mexican Academy of Law and Economics. Since 1989 he has participated as an adviser of the World Bank, of the United Nations and other international and bilateral organizations (for example, Department of State of the United States and judicial programs sponsored by the European Union) in the provision of technical assistance and judicial/legal reforms in 92 of the South, South East, Central Asia, Africa, Central/Eastern/Western Europe, Latin America, Middle East and in the Caucus region and the Balkans. His principal functions have also been supporting the governments in the prompt implementation of the Palermo and Mérida Conventions against Transnational Organized Crime and Corruption, respectively, including the planning and execution of seminaries and workshops for the training of prosecutors, police officers and judges (2011-Present). He has been a Member of the Cabinet of Government (1997-2000) of the NGO International Transparency (Berlin, Germany) and is Co-Editor of ―Law and Economics of Development‖ JAI Press. He has been published in more than 100 scientific articles (peer-reviewed) and ten books focused on the Economic Analysis of Law applied to countries suffering governance crises with high levels of corruption, organized delinquency and/or terrorism. His works have been published in five languages and have provided a framework for technical assistance that the UN has come to implement in 107 countries in every region of the world. He has been the Vice-President of the American Association of Law and Economics. Some of his most recent publications include: ―On Best and Not so Best Practices against High-Level Corruption‖ (2011) in International Handbook on the Economics of Corruption (with Susan Rose Ackerman and Tine Soreide, eds); ―The Paradox of Expected Punishment: Legal and Economic Factors Explaining Success and Failures in the Fight against Organized Crime‖ (2008) in Review of Law and Economics; ―Corruption within the Judicial System‖ in Global Corruption Report 2007, Transparency International, Berlin; ―Economic analysis of terrorism and of Organized Crime‖ (co-author together with Andres Roemer, 2006), Edit. UNAM; ―The Judicial system and its reform: Theory and practice‖ (co-author together with Samuel Gonzalez-Ruiz y Ernesto Mendieta) Edit Fontamara; ―Controlling Organized Crime Linked to Public Sector Corruption: Results of a Global Trends Study" with Jan van Dijk (United Nations Forum, United Nations Press, 2003); "How to Design a National Strategy Against Organized Crime in the Framework of the United Nations Palermo Convention" together with Samuel González Ruiz in The Fight Against Organized Crime (UNDP Press, 2003); "Empirical Foundation for the Implementation of the Palermo Convention" with Jan van Dijk and Mark Shaw in Max Planck Journal (2002); "An Economic Analysis of Legal
Harmonization in Latin America‖ in Emerging Markets Review (Elsevier Science Press, 2001); "An Economic Analysis of Institutional Integration in the Americas" in German Papers in Law and Economics (BCPress, 2001); "An Economic Analysis of Public Sector Corruption: Objective
Indicators vs. Perceptional Biases" International Review of Law and Economics, June 2001; ―Law and Economics in Developing Countries‖ together with William Ratliff (Hoover Press 2001); ―Judicial Corruption in Developing Countries: Its Causes and Economic Consequences‖ (Hoover Essays in Public Policy, Hoover Press, 2000); "Law and Economics of Development" in the Encyclopedia of Law and Economics (Edward Elgar Press, 2000); "A Quantitative Analysis of the Efficiency of the Judicial Sector," International Review of Law and Economics, (1997); ―U.S. Foreign Policy and Intellectual Property Rights in Latin America‖ with Clarisa Long (Hoover Essays in Public Policy, Hoover Press, 1997); "An Economic and Jurimetric Analysis of Public Sector Corruption," Essays in Law and Economics (Elgar Press, 1997); "Benchmarking Procedural Times: A Quality Control Approach to Court Delays" con J. L. Guerrero, Benchmarking for Quality Management & Technology, 1997‖. He is the co-editor (with William Ratliff y Robert Cooter) of The Law and Economics of Development (JAI Press) and the co-author (with William Ratliff) of ―Legal and operative reforms of the Judicial and Administrative Secotrs in Latin America‖ (1998). He has contributed to numerous articles of mass distribution surrounding themes related to his specialties that have appeared in the Wall Street Journal, London's Financial Times, the Christian Science Monitor, the Washington Times and the Miami Herald. - Dr. Samuel Antonio González Ruiz Dr. González Ruiz is currently an International Counselor. Having been licensed a the University Nacional Autónoma of Mexico receiving the Gabino Barreda medal for the best average of his generation, he finalized his Doctorate in Philosophy of Law at the University of Milan-Bologna. From 1984 until 2010, with some intervals, he was a Professor of Law at UNAM and between 1997 and 2010 was an honorary professor in the course Philosophy of Law at the University of Seville, Spain. Additionally, he has organized and participated in training seminaries for prosecutors, police officers, and judges from more than 48 countries in Latin America, Europe, Asia and Africa. Dr. González Ruiz was Adviser to diverse groups of parliaments for Criminal Procedure Reform to the accusatory model and Counselor of the Program of Strengthening Law of the Law AID in the Prosecutor of Nicaragua in Managua (2007/2008). In 2008 he was also Manage of Mission of the EU for the Development of a study on Feasibility for the construction of a crime lab in Nicaragua, comparing the Oral Justice of Nicaragua, Guatemala, Honduras, El Salvador and Costa Rica. He collaborated on the Project of measurement of the implementation of the CEDAW and the convention of Belem do Para in 10 states in Mexico with the position of Associate Counselor (Congress of the Union-2009). In 2010 he was the Principal Counselor on the framework of the Project UNICEF to measure the implementation of the Convention of the Rights of Youth for the Protection of Justice for youth and adolescents in Guatemala, and also was Principal Counselor on Inside International Study of comparison of factors on the Investigation of Crime between Spain, France, Italy, Colombia, Chile y Nicaragua, Guatemala, Honduras, El Salvador y Costa Rica. In the position as lecturer, he participate in many seminaries and conferences such as ―How to Combat Organized Delinquency‖ (General Prosecutor of the Nation, Nicaragua-2010), ―Investigative Course on Serious Crimes‖ (AB, Quito, Ecuador, May-2010) and ―Organized Crime and Corruption in Mexico. Challenges for Democracy‖ (Geortown Univeristy, DC.USA., Abril-2010), among others. Along with his professional career he has published a great number of articles in Spanish language and foreign magazines as well as many other Publications.
-
Dr. Ernesto Mendieta Jiménez
Dr. Ernesto Mendieta Jiménez is currently a Counselor on Public and Private Security and General Director of Aquesta Terra Communication, S.A. of C.V. In the private sector, on matters of security and protection, the Development of strategic planning, integral systems of protection, selection, training and evaluation of personnel, evaluation of the risks of facilities and staff, training of businesses and executives, their families and relevant personnel, specific audits and consulting; also
integral systematic prevention, negotiation and response to cases of kidnapping. In the public sector, also on matters of security, developmental studies and projects, strategic planning, the creation and renovation of organizations and the selection and training of personnel at their different levels, such as specific audit and consulting. Licensed in Law by UNAM, obtained the International Diploma in Investigative Policing and Society from the National Institute of Penal Sciences and successfully completed his Master’s and Doctorate in Public Security at the Atlantic International University. Along with his academic career, he has worked as a Professor, Coordinator, and Lecturer. He also participated in Courses and Research at various institutions such as The Institute of Criminality of the Federal Office of Criminal Research (BKA), in Wiesbaden (Germany), the Academy of the National Police Corps, in Avila (Spain) and the Academy of the Federal Bureau of Investigations (FBI) in Quantico, Virginia (USA), among others. For twenty years he has adopted various positions in different areas of the Procurator of federal and local justice as Secretary of the General Attorney of the Federal District, Advisor in the Legal Office of the Attorney General's Office, Secretary of Education and Training National Institute of Criminal Sciences and Director General of the Federal Judicial Police of the PGR, among others. He was Consulting Manager in Risk Management Argos SA, where he developed, among others, the following applications: strategic security systems, coordination of risk assessments of facilities, design and evaluation of protection systems to VIPs, coordination of programs training human resources in the area of security. He was also Consultant to the International Development Bank (IDB) for its project "Support to the National Public Safety‖. Among his most recent Publications it can be found: ―Diagnosis Study on the performance of the Council of Minors in the State of Chiapas‖ (Co-author) published at the Academic Review of the Law Department of the La Salle University; and ―The strength of the reason and the reason of the strength—The legitimate use of violence‖ (Co-author) published at the National Institute of Criminal Science. May 2009. Mexico.
Methodology The sessions will be dived into exhibitions of 50 minutes, followed by a 30 minute discussion. In some cases they may organize round table discussions and group work.
Contact information: Arianna Gazzé, Project Officer:
[email protected]
